Planning antics with semantics

[Jilly]

We have planning permission to convert stable to residential dwelling.

The building is an awkward shape, so I go to see the planning officers (actual face to face meeting),to see if we can enlarge it slightly. They tell me it will need a 'Variation of Condition' application.

8 weeks later, I receive an refused planning application. It has been deemed that a full planning application is needed for an extension. Expletives. Why didn't they say that at the meeting? The cost of the wasted application is nothing (couple of hundred)  in comparison hidden costs of the set of new drawings and the rent which are so annoying (about £3K). . 

My architect wants to go ahead with the full planning application for an extension as all the drawings etc have been done. My feeling is to get building and wait. I would like a bigger extension later and do it properly and be prepared to go to appeal etc when I am settled in the house and recovered financially. 

I want to complain bitterly, but I can see I might simply annoy them. 

[Mr Punter]

Hi @Jilly

 

When you got you approval did it include a condition removing your PD rights (something like "Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)Order 1995 (or any Order revising, revoking and re-enacting that Order with or without modification), there shall be no enlargement or extension of the dwelling(s) hereby permitted, including any additions or alterations to the roof, without the prior written approval of the Local Planning Authority.")?

 

If not you may be able to do the extension anyway and if so you may want to apply to vary the condition.

[Jilly]

Yes, they removed the PD rights

[ToughButterCup]

1 hour ago, Jilly said:

[...]

I want to complain bitterly,

[...]

 

For them, that's a very common customer reaction. And one they will likely ignore.

What were the grounds for refusal? Are those grounds reasonable?

[the_r_sole]

.

Edited September 26, 2019 by the_r_sole

[Temp]

6 hours ago, Jilly said:

They tell me it will need a 'Variation of Condition' application.

 

It sounds like they thought you wanted to build the extension under PDR so were expecting you to ask for the condition removing PDR to be deleted.

 

 

 

 

[Temp]

Normally you would need to make either a "minor material amendment" or a "non-material amendment"  depending on the scale of the change. You can google the rules on what counts as a minor material amendment.  I think they can ask for a full application if the overall scale of the development changes.

 

 

Edited July 4, 2019 by Temp

[Temp]

https://www.oadby-wigston.gov.uk/pages/amendments_following_the_grant_of_planning_permission

 

Minor Material Amendments

Central government consider that the definition of a minor material amendment is 'one whose scale and nature results in a development which is not substantially different from the one which has been approved'.

 

In essence, a minor material amendment is something of a minor nature that has a material impact on the proposed development or on neighbouring properties. Amendments which are not minor in nature cannot be considered under this procedure and should be the subject of a new planning application.

 

[Jilly]

I went to see them to ask if it would count as a NME, and they said no, which was fair enough, it's more than a small change of windows, but I can't understand why they didn't tell me to do an new application. They didn't mention anything about PD. It was a different case officer than the original, and  I stupidly didn't get the name of the person I spoke to. Lesson learned.